G/TBT/N/USA/1871/Add.3  
 
1 November  2023 
(23-7358) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  1 November 2023, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  Portable Fuel Container Safety Act Regulation  
 
Reason for Addendum:  
[X] Comment period changed - date:  30 November 2023  
[ ] Notified measure adopted - date:  
[X] Notified measure published - date: 31 October 2023  
[X] Notified measure enters into force - date: 9 December 2023; unless CPSC receives a 
significant adverse comment by 30 November 2023. If CPSC receives such a comment, 
it will publish in the Federal Register a notice withdrawing this direct final rule before i ts 
effective date.  
[X] Text of final measure available from1:  
88 Federal Register (FR) 74342, 16 Code of Federal Regulations (CFR) Part 1461:  
https://www.gov info.gov/content/pkg/FR -2023-10-31/html/2023 -23655.htm  
https://www.ecfr.gov/current/title -16/chapter -II/subchapter -B 
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[ ] Other:  
 
Description:  Direct final rule - The Portable Fuel Container Safety Act of 2020 ( PFCSA ) provides 
that the Consumer Product Safety Commission (C ommission) must promulgate a rule to require 
flame mitigation devices in portable fuel containers that impede the propagation of flame into the 
container, unless the Commission determines that there is a voluntary standard for flame mitigation 
devices that  achieves the same result. In January 2023, the Commission published in the Federal 
Register (and notified in G/TBT/N/USA/1871/Add.1 ) a notice of its determinations under the PFCSA 
that three such voluntary standards collectively apply to all known classes of portable fuel containers. 
Pursuant to the PFCSA, therefore, the requirements of the three voluntary standards are treated a s 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1871/Add.3  
 
- 2 - 
 
  a consumer product safety rule under the Consumer Product Safety Act (CPSA). ASTM then notified 
the Commission that one standard had been revised. The Commission evaluated the revised 
standard and found that the revisions carry out the purposes of the PF CSA. Accordingly the revisions 
will be incorporated into the mandatory standard for portable fuel containers. This direct final rule 
creates a new part codifying the incorporation by reference of this revised standard and the other 
two voluntary standards that are mandatory under the PFCSA.  
The rule is effective on 9 December 2023, unless CPSC receives a significant adverse comment by 
30 November 2023. If CPSC receives such a comment, it will publish in the Federal Register a notice 
withdrawing this direct final rule before its effective date (which would also be notified to the WTO).  
This direct final rule and previous actions notified under the symbol G/TBT/N/USA/1871  are identified 
by Docket Number CPSC -2022-0017. The Docket Folder is available from Regulations.gov  at 
https://www.regulations.gov/docket/CPSC -2022-0017/document  and provides access to primary 
and supporting docu ments as well as comments received. Documents are also accessible from 
Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked 
to submit comments to the USA TBT Enquiry Point on or before 4pm Eastern Time  on 30 November 
2023. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders 
will be shared with CPSC and will also be submitted to the Docket  on Regulations.gov if received 
within the comment period.  
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